Arizona Criminal Defense Attorney Blog
What a Good Chandler DUI Attorney Can Do to Defend your Chandler DUI
Field Sobriety Test Defenses
Field Sobriety Tests and what they are
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). But many of the best AZ DUI lawyers, who defend cases in Chandler often, consider them to be false and invalid tests. This is due to their subjective nature and police biases in reporting the results, of the driver they stopped for the Chandler DUI. For this reason Chandler DUI Charges involving FST results are often challenged with by AZ DUI Attorneys who frequently defend DUI charges in Chandler AZ. Many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Chandler often and clearly knows how to challenge such evidence.
What Chandler Police Don’t Want You to Know
One thing Chandler Police do not usually offer to tell you is that Field Sobriety Testing is not required under Arizona Law. You actually have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should refuse the FST. The reason it is a controversial issue is because if you decline, the Chandler police may arrest you and take you into custody on the spot. It just depends on the situation, and the police officer’s justification of probable cause for arrest. Some DUI Attorneys will advise you to take the tests and then DUI Attorney defending your Chandler DUI charge, challenge the results after the fact, through the proper legal channels. Make your choice carefully and consider your circumstances at the time of the stop, as well as the consequences of a refusal.
FST results are judged by the Chandler police officer conducting the FST. The FST is the least reliable of any Chandler DUI evidence that can be used to convict you of your Chandler DUI. It is unfortunate, but Chandler Police have been known to intentionally report that you did poorly on the tests, when in fact the results were acceptable and you did as good as or better than someone unimpaired on drugs or alcohol.
Interestingly, studies have shown that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors which include but are not limited to being overwhelmed by the ordeal, nervous, overcompensating for fear they will du poorly due to their anxiety, motor skill impairments, work related fatigue, other medical impairments and many other factors. This is another good reason why they are often challenged by experienced DUI Lawyers who defend cases in Chandler frequently. The actual purpose of FST is to be used as a preliminary tool to assist the officer in making a decision as to whether or not additional DUI or Drug testing is needed. It is not intended nor can it be used as the only evidence to convicting of a Chandler DUI. Despite this, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence, especially if the police reported that you performed poorly on the FST.
Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:
• YOU WERE AT DISADVANTAGED AT THE ROADSIDE TESTS DUE TO UNFAVORABLE CONDITIONS INCLUDING BUT NOT LIMITED TO INCLIMATE WEATHER, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.
• MEDICAL EXPERTS CONCLUDE AND AGREE FOR THE MOST PART, THAT THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER MEDICALLY REQUIRED VARIABLES AND STANDARDS AND CONDITIONS SIMPLY DO NOT AND CAN NOT EXIST IN A ROADSIDE TEST.
• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE NOT AN APPROPRIATE CANDIDATE FOR AN FST ACCORDING TO NHTSA RECOMMENDED GUIDELINES. SOME ISSUES THAT MAY CAUSE SOMEONE TO BE AN UNFAVORABLE CANDIDATE DUE TO THE FACT THEY MAY PERFORM POORLY ON CERTAIN EXERCISES, INCLUDE WIEGHT, MEDICAL IMPAIRMENTS OR MEDICAL CONDITIONS, LANGUAGE BARRIERS, ADVANCED AGE, AND MANY OTHER MEDICAL CONDITIONS OR FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS CAN NOT BE ADMITTED IF THEY ARE CONSIDERED INVALID OR NOT RECOGNIZED BY NHTSA.
• THE POLICE OFFICER FAILED TO REPORT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED AT THE TIME OF THE TESTING.
• AS A RESULT OF YOUR REFUSAL TO SUBMIT TO THE FST, THE POLICE CONCLUDED THAT YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.
• THE POLICE UNTRUTHFULLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY ARIZONA LAW.
• THE POLICE OFFICER WHO CONDUCTED YOUR FST IS NO LONGER EMPLOYED THERE, IS DECEASED, OR OTHERWISE UNABLE TO TESTIFY, DUE TO OTHER CIRCUMSTANCES.
These are just a few items that can be challenged of many that an AZ DUI Attorney can use to defend your Chandler DUI. You should consult a good AZ DUI attorney who defends DUI cases frequently in Chandler. FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Chandler DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.
If you have been charged with any Chandler Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Mesa, Scottsdale, Chandler, Gilbert, Arizona and surrounding areas in Maricopa County Arizona
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.